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Now showing items 181-190 of 931
A critical assessment of the legitimacy of the international investment arbitration system: a call for reform
(University of the Western Cape, 2014)
Currently most international investment disputes are settled through arbitration. The origin of this dispute settlement system can be associated with the recent proliferation of over 3000 Bilateral Investment Treaties. ...
The right to social security of persons with disabilities in South Africa
(University of the Western Cape, 2015)
In recent years, the rights of persons with disabilities have received substantial attention both in South Africa and internationally. While certain rights have received widespread coverage, other rights have not yet been ...
Intercountry adoption in an African context: a legal perspective
(University of the Western Cape, 2009)
Although it may seem ironic that a policy affecting so few children should engage so
much political and social attention, the symbolic significance of intercountry adoption far
outweighs its practical import. This fact ...
Devolution for development, conflict resolution, and limiting central power: an analysis of the constitution of Kenya 2010
(University of the Western Cape, 2013)
State practice and literature suggest that devolution of power can address the main challenges of underdevelopment, internal conflict and abuse of centralised power in developing states. However, this thesis advances the ...
The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa
(University of the Western Cape, 2013)
The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and ...
The impact of the national council of provinces on legislation
(2013)
The paper focuses on the role of the National Council of Provinces (NCOP) in the national legislative process. An enquiry into the relevance of the NCOP when processing bills during the Third Parliament has been critical ...
A critical analysis of individual liability of councillors in South Africa
(University of the Western Cape, 2012)
This study is about the individual liability of councillors in South Africa. It examines and analyses whether individual liability of councillors can serve as a bulwark
against the abuse of decision-making power that is ...
Gacaca courts versus the international criminal tribunal for Rwanda and national courts: lessons to learn from the Rwandan justice approaches to genocide
(2013)
The 20th century witnessed several wars and genocides worldwide. Notable examples include the Armenian and Jews genocides which took place during World War I and World War II respectively. The Rwandan genocide of 1994 is ...
Contractual discretionary powers and the essentialia of price and rental in the South African law of sale and lease – a jurisprudential and comparative analysis
(2013)
This thesis concerns the tension that exists between the principles of certainty and freedom of contract (which includes the notion of contractual discretionary powers) and how this tension impacts on the requirement that ...
Understanding kinship care of children in Africa: a family environment or an alternative care option?
(University of Western Cape, 2013)
In Africa generally, orphaned and vulnerable children are traditionally cared for by their relatives or close family friends; this is an abiding practice even in contemporary times. This was historically considered to be ...